Legal Definitions - fair-report privilege

The fair-report privilege is a legal protection that shields individuals or organizations, most commonly news media, from liability for defamation when they publish information derived from official government proceedings or documents. This privilege applies even if the published information contains statements that might otherwise be considered defamatory, provided that the report is a substantially accurate, balanced, and fair account of the official proceeding.

The purpose of the fair-report privilege is to ensure that the public has access to information about the functioning of government, judicial processes, and other official matters without fear that those reporting on such events will be sued for accurately relaying what occurred.

• Example 1: Reporting on a Court Trial

  A local newspaper publishes an article summarizing the testimony given by a witness during a public criminal trial. In their testimony, the witness accused the defendant of a specific dishonest act. Even if the witness's accusation later turns out to be false or unproven, the newspaper would likely be protected by the fair-report privilege. This is because the trial is a judicial proceeding, and the newspaper's report is a fair and accurate account of what was said in open court, not an endorsement of the truthfulness of the accusation itself.

• Example 2: Covering a City Council Meeting

  During a heated public city council meeting, a council member makes a statement accusing a local construction company of using substandard materials on a recent municipal project. A news website covering the meeting publishes an article detailing the council member's remarks as part of its report on the council's debate. If the news website's article accurately reflects what the council member said during the official meeting, it would be protected by the fair-report privilege. The city council meeting is an official proceeding, and the website is reporting on the public discourse, not independently verifying or asserting the truth of the accusation against the construction company.

• Example 3: Disseminating an Official Government Report

  A television news program reports on the public release of an official state auditor's report, which details allegations of financial mismanagement and unethical conduct by a high-ranking state agency director. The news program quotes directly from the auditor's report and summarizes its key findings. Should the state agency director sue for defamation, the news program would likely invoke the fair-report privilege. The auditor's report is an official government document, and the news program's broadcast is a fair and accurate summary of its contents, thereby providing the public with information from an official source.